The Supreme Court has rejected a plea by Bilkis Bano to review its May order asking the Gujarat government to consider a petition to remission the sentences of 11 convicts in the gangrape case.
On May 13, the SC had asked the state government to consider the plea for a premature release of the 11 convicts in terms of its policy of July 9, 1992, about deciding on a remission petition within two months.
BCCL/FILE
Following this, the 11 gangrape and murder convicts were released from jail on August 15.
What the SC said
Bano’s review plea came up for in-chamber consideration on December 13 before a bench of justices Ajay Rastogi and Vikram Nath.
“I am directed to inform you that the review petition above mentioned filed in Supreme Court was dismissed by the court on December 13, 2022,” read a communication sent to Bano’s counsel Shobha Gupta by the apex court’s assistant registrar.
Banu’s plea to review SC order
The review plea had said Bano was not made a party to the petition filed by the convict, who, along with others, was released under the state’s remission policy, which is not in force.
BCCL
“In view of the development that the policy dated July 9, 1992 stood cancelled vide circular dated May 8, 2003 of State of Gujarat, it was necessary to be examined whether still the policy dated July 9, 1992 would be the relevant policy for remission application of the convicts to be considered, if at all the State of Gujarat is the appropriate government under section 432, CrPC,” the plea had said.
Banu’s plea in SC against release of convicts
While the rejection of the plea to review the order is a setback to Banu, this is not the only petition she has filed in the SC against the release of the 11 rape and murder convicts.
BCCL
Bano has also filed a separate petition in the top court, challenging the state government’s remission of the sentences of the 11 convicts, saying their premature release has “shaken the conscience of the society”.
SC judge recuses herself
On December 13, Bano’s plea challenging the remission of the sentences of the 11 convicts came up for hearing before a bench of justices Ajay Rastogi and Bela M Trivedi.
Justice Trivedi recused herself from hearing the plea.
“List the matter before a bench in which one of us is not a member,” the bench had said without specifying any reason for the recusal of Justice Trivedi.
Bano was 21 years old and five months pregnant when she was gang-raped while fleeing the riots after the Godhra train burning incident. Her three-year-old daughter was among the seven family members killed.
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